Wednesday, June 8, 2011

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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,





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  • trueguy
    08-11 11:23 AM
    We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005


    ok guys, I will start a new poll starting from 2000 till 2010. Plz give me few minutes





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  • clockwork
    07-18 05:41 PM
    just emailed... it should have 4 pdf files.

    Done buddy. Please look at my previous post. Thanks for sharing info. :)





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  • Canadianindian
    07-22 06:34 PM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also.


    Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.


    Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?

    Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?



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  • howzatt
    07-18 10:32 AM
    Guys,

    If we cannot even contribute $10 PER MONTH, that is really really cheap of us.




    eb3,

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...





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  • sam_hoosier
    02-12 01:42 PM
    Currently its taking the same amount of time at both Nebraska & Texas service centers.

    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC



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  • Blog Feeds
    02-08 06:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmeKiXwUVM1t9fwIDzc36iDB9dEWDezBBq5elsCcIMFlMOhcr1Phhs-uUx-vzxLqpNOPYycgFz0IRcqOH8vrFukio8C5nusvdjAdMtO0RQvjjYT8O7ZxszJ_lK0XApTotzLZSlM4VIqOo/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmeKiXwUVM1t9fwIDzc36iDB9dEWDezBBq5elsCcIMFlMOhcr1Phhs-uUx-vzxLqpNOPYycgFz0IRcqOH8vrFukio8C5nusvdjAdMtO0RQvjjYT8O7ZxszJ_lK0XApTotzLZSlM4VIqOo/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
    The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!

    If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!

    It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.

    When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?

    These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)





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  • riva2005
    05-21 05:32 PM
    Immigration Voice has taken a position against the bill in its current form. .

    And that is the position of everyone in this country except 20 insider deal senators.

    You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.

    In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".

    Have some dignity man...



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  • kirupa
    07-21 12:56 PM
    Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?





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  • GCBy3000
    09-29 05:20 PM
    This is not at all a bad idea. Indeed very good one and also easy to send it through Amazon.

    Every member should send it to their state senator and congressmen.

    Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..



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  • zoozee
    08-15 01:57 AM
    Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -





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  • roseball
    02-15 10:51 AM
    Recently, my friend was in a very similar situation. His 6th year was expiring Feb 22nd, 2007 and he had a I-797 approval based on an approved I-140 starting Feb 23rd, 2007 to Feb 22, 2010.

    He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.

    At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.

    So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..



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  • kaylamarie
    01-27 11:54 AM
    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    I know this is a immigration site and not a job search, but i have lost all hope of working here since i have exhausted my search on monster , craigslists indded and other sites.

    Am not able to find out who would sponsor h1b for clinical research, so am posting here.

    Please help with any info you have. Thanks for your time.





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  • sidbee
    03-17 10:43 AM
    Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
    pay some extra premium.

    wouldn't that be common sense....



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  • shana04
    08-13 06:13 PM
    Just read a post on a different thread where a 2006 NSC case was cleared without NC

    Friends,

    Even I am stuck with Name Check and what is the approach to clear name check.

    Any help / suggestions, please advice.

    thanks in advance.

    Shana





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  • jayleno
    01-08 02:40 PM
    One more new option. As a successful business person, why not go for the investor visa EB5?
    By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.

    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime



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  • waitin_toolong
    10-28 01:57 PM
    anyways SSN helps in getting a credit card establishing credit history, etc even if not used for work





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  • prem_goel
    06-07 02:45 AM
    I think it's not wise to leave. I tried googling for h-1b transfer & leaving the country but didn't get much info. I think if a transfer is pending with USCIS then you shouldn't leave the country as it may be considered as abandonment of the application.

    i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.

    just my thoughts..better try googling or ask some lawyer.





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  • satyasaich
    06-10 04:26 PM
    I applied for EAD renewal for my spouse. Earlier also i did renewal myself , but online.
    This time however i applied manually but forgot to send both front & back of EAD. Instead i just sent front side only. Check was clearly written, photos with A#, Copy of 485 (both sides)
    May be a silly question, will it be any issue?


    Copy of 485 receipt
    Copy Front and back of current EAD
    Photos with A# and name in the back (With Pencil/Felt Pen)
    Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks





    hazishak
    07-05 09:49 PM
    At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.


    There is no way USCIS can accept July applications. They said there is no visa available for FY-2007. Now how they will accept more applications? Basis on what? If they accept applications that means they had enough visa available but they did not want to process in which case the a law suit is imminent.





    nviren
    02-24 01:51 PM
    Hi,

    In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
    We should push for getting rid of this countrywise cap.

    Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.

    Any thoughts?

    nviren



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